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Nursing Homes and Neglect

Posted by on 6:49 pm in Personal Injury | 0 comments

Elderly people often require as much care and consideration as small kids but are considerably harder to control since they are frequently set in their own ways and determined to have it. In assisted living facilities, however, a good percentage of the occupiers are infirm, necessitating aid to move about, or bedfast. Some who are not physically unfit may be suffering from mental issues, making them equally incapable of looking after themselves. These are the individuals who are in most need of continuous health-related care, which is the reason why they may be positioned in nursing homes. Regrettably, they do not always get it.

According to the website of an Indianapolis personal injury attorney, abuse happens in approximately one-third of nursing homes in the US, and one form of abuse is nursing home neglect. It may be thanks to incompetence employees shortage or just negligence. Regardless of the cause, the nursing home staff commonly neglects to maintain residents clean, fed, and medicated regularly. Their health can be further compromised by such episodes because most aged inhabitants have been in weak physical condition.

An additional complication is bed sores, also called pressure ulcers, that are caused by the failure to regularly change the position of the occupier, although these all may also occur for the bedfast. Normally, a bed sore develops when the bone tissues continuously press on the soft tissue, restricting the blood circulation. Bed sores can result in more severe health issues and also a lot of pain, and eventually passing, if remaining untreated.

It is possible to record it to the proper authorities to start an investigation if you suspect nursing home negligence of a close friend or relative. In the meantime, you may also not be unable to get pain and suffering as well as repayment for the medical costs of your elderly relative.

Link between Zofran and Birth Defects

Posted by on 11:01 am in Medical Defects | 0 comments

When Zofran was approved in 1992 by the FDA, the drug was originally prescribed to patients undergoing chemotherapy and radiation to prevent nausea and vomiting. By blocking the body’s natural substance serotonin which causes vomiting, the medication was able to help cancer patients. As doctors discovered how well Zofran worked, it wasn’t long before they began prescribing the drug to other patients who were not undergoing cancer treatment. According to the website of Williams and Kherkher, even though it was not approved for such use, Zofran began being prescribed to pregnant women who suffered from extreme morning sickness. Sadly, it wasn’t until more than 20 years later that doctors began noticing a link between birth defects and taking Zofran during pregnancy.

In 2012, a study published by the Center for Birth Defects Research and Prevention found that taking Zofran during pregnancy doubled a child’s risk for developing a cleft palate or cleft lip. Further studies even found the drug could cause congenital heart defects. Unfortunately, many women had already taken the drug, causing their child suffering from one or more of these medical conditions as a result. Even after these studies found the danger of the drug, doctors continued to prescribe the drug off label to pregnant women. The medical conditions caused by an unborn fetus being exposed to Zofran can be lifelong and cause serious emotional trauma. Recently, the company who makes the drug, GlaxoSmithKline, paid out $2 billion dollars for falsely marketing the drug as a treatment for morning sickness in pregnant women.

Zofran, while a viable option for cancer patients, can cause devastating medical conditions in newborns. Without the proper warnings from the company who made the drug, pregnant women and their children were left to suffer as a result of improperly being prescribed the drug. Despite the payout from GSK and an official warning for pregnant women about the drug in 2013, the suffering caused by Zofran continues.

Causes of Blood Clots

Posted by on 10:57 am in Medical Defects | 0 comments

Blood clotting is a physiological process that prevents bleeding incidents from becoming fatal. The natural formation of blood clots is generally a healthy and lifesaving occurrence, however blood clots that form within arteries and veins can move through the blood stream and eventually block blood flow to the brain, heart, and lungs. This type of blockage can cause possibly deadly strokes, pulmonary embolisms, and heart attacks.

The occurrence of blood clots is frequent, ranging from small veins near the surface of the skin to deeper veins and arteries. While some blood clots will not pose a risk of danger, large clots in major areas are capable of inducing more serious medical problems. A blood clot can move away from the original source and travel to more vital areas of the body.

Common situations and medical conditions that cause blood clots to form include family history, pregnancy, smoking, certain medications, and surgery. Most heart attacks are due to the quick formation of a blood clot inside of the waxy cholesterol plaque lining the artery. This build-up of plaque can rupture and trigger blood to clot, prohibiting blood flow in that area.

Patients that are prone to dangerous blood clots are often prescribed blood thinners to lessen the risk of stroke or cardiovascular attacks. Xarelto is one such anticoagulant that is prescribed as a treatment option against stroke and deep vein thrombosis. According to the website of the Xarelto attorneys of Williams Kherkher, the drug is currently prescribed to over 7 million people worldwide.

While Xarelto is a commonly prescribed anticoagulant that may prevent blood clots and the subsequent medical conditions that blood clots can cause, the defective medication is known for causing even more serious health complications. These complications include severe and possibly fatal bleeding incidents. If you or a loved one experienced side effects after taking Xarelto, contact an attorney in your area to discuss your legal options. You may be entitled to compensation for your medical expenses, wrongful death, and pain and suffering.

How Badly Can a Cruise Go Wrong?

Posted by on 11:29 am in Cruises | 0 comments

Cruises can be one of the most enjoyable experiences one could ever have in their lives. After all, surrounded by all that fresh air and deep blue sea, it is the perfect picture of tranquility and serenity. That is why it is mandated for the design of such cruise ships that every precaution is taken in order to make sure that every part of the ship adheres to safety standards. According to the website of the Vucci Law Group, if these standards are not diligently adhered to, the consequences could be catastrophic.

An accident while on deck could prove to have some lasting effects, even sometimes causing severe disfigurement or permanent disability. This could affect not only your livelihood and profession, but also your psychological well-being. And to think this happened during a time allotted for rest and relaxation? This level of negligence is not acceptable but some liners do get away with it. How? The victims of these accidents seek the wrong kind of help.

Sometimes, the victim waits for far too long before even thinking that he or she has legal claim to file a case against the cruise ship. Sometimes, the wrong kind of lawyer that has no specialization or has insufficient knowledge of the subtleties that come with these kinds of events can even jeopardize the case. Any kind of accident is horrific to experience and can cause a lot of stress for yourself and for your entire family, which is the very thing that you had been trying to escape from when going into a cruise.

If you or someone you know has been in a similar situation, it is recommended to contact professional passenger injury lawyers in order to get not only capable legal service but also only the very best medical care available. As practitioners in this very specialized kind of field, they already know who to talk to and what procedures you will need in order for you to receive the best compensation package that will benefit you, following an event like this.

An Overview of Wrongful Death Suits

Posted by on 12:31 pm in Wrongful Death | 0 comments

The death of a person because of the misconduct or negligence of a third party may be considered a wrongful death, and a lawsuit for that may be filed by surviving family members of the decedent. This may be death due to murder and other criminal activities where the same evidence brought in a criminal proceeding may be used although the standard of proof in a civil action is lower.

A defendant in a civil lawsuit may be acquitted in criminal court but found liable in a wrongful death suit. A classic case is that of O.J. Simpson who was acquitted of murdering his wife in 1994 but found liable for her death as well as that of a man named Ronald Goldman three years later, the jury deciding that an award totaling $33.5 million was appropriate.

Each state has its own set of statutes for wrongful death suits, but in general a wrongful death suit can be filed by close family members or a personal representative of the victim’s estate, and the award, if forthcoming is divided equitably among the plaintiffs. In some states, two separate actions can be filed for the benefit of the surviving family members and for the benefit of the estate. In California, however, only one civil action can be brought for a wrongful death suit (California Code of Civil Procedure § 377.60-377.62).

For a wrongful death suit to prosper, the following must be in evidence: someone died; death was caused by negligence or intent to do harm of another person or entity; surviving family members experienced pecuniary harm as a result of the victim’s death; and there is a personal representative of the estate. As such, a wrongful death suit may apply in a vehicular (land , air or water) accidents, occupational exposure to toxic substances, criminal behavior, and death occurring while engaged in a supervised activity i.e. school.

Damages in a wrongful death suit can be extensive, as explained on the website of The Seegmiller Law Firm, and may include compensation for actual pecuniary losses. This may seem simple, but in fact it is difficult to determine the extent of this because so many factors impinge such as medical and burial expenses, future income, life expectancy, and loss of parental guidance. The jury may also award punitive and survival action damages which includes the pain and suffering experienced by the victim prior to actual death.

A wrongful death suit is complicated, and needs the expert legal knowledge of a wrongful death lawyer to carry out properly. If you believe you are entitled to compensation for the death of a loved one, do not hesitate to find a competent lawyer in California to help you.

Hair Removal and Smooth Skin

Posted by on 4:41 pm in Beauty | 0 comments

Aside from the benefits of skin rejuvenation, Intense Pulsed Light (or IPL) therapy is also used for permanent hair reduction. IPL for hair removal has been rising in popularity in recent years, and with a wide variety of devices that have been made available now, IPL hair removal treatment are no longer the domain of dermatologists and doctors. Today, you can get IPL hair removal treatments even ay day spas, and at a med spa you can have this treatment at a relatively low price.

Using IPL for hair removal would involve either utilizing a flash of light that has hundreds of wavelengths. The light will be targeted towards the melanin inside the hair follicles, heating it up and damaging the follicles and prohibiting the regrowth of hair. IPL hair removal has some limitations, however. Those who have gray or white hairs may not have as much response as those whose hair has color, and effects may differ depending of the hair and skin color.

Although it is rising in popularity, it should be understood that IPL hair removal is not for everybody. Dr. Shib‘s website informs patients that before getting the treatment, they should first consult with their doctors or dermatologist whether they are a good candidate or not. They should also be sought first to check your skin type and hair color. Past medical history should also be considered, and present medications that you might be taking can be a cause for complications following an IPL hair removal treatment.

In order to get the safest and best results, make sure you ask questions first and research about medical spa options. Ask about the qualifications and the training that the clinic staff has, and know who is going to perform the treatment on you. Make sure that the Auburn med spa or clinic that you choose have the necessary license with medically-trained staff, with a doctor or dermatologist who oversees that procedures. If you are doubtful about a clinic or med spa or don’t seem to see results after a couple of sessions, it would be best to just walk away and find another clinic that 3ould provide you with results.

Avoiding a Guilty Verdict from Cocaine-related Crimes

Posted by on 5:14 pm in Drug Charges | 0 comments

All crimes related to drugs are serious offenses in the United States. Those charged with drug crimes are threatened by lengthy jail terms and huge fines. Equally hurting are the consequences of a criminal charge. For not only can it ruin one’s career; it can also entail lots of limits and inconveniences in one’s life, including difficulty in finding a decent place to live in, international travel restrictions, difficulty in obtaining professional licenses and unfavorable effects on custody and visitation rights.

Acts related to a drug crime include manufacture, selling, distribution, possession or use of prohibited drugs and drug-related equipment. One kind of drug that has been illegalized in the US is cocaine; the second most commonly used drug in the US (after marijuana or cannabis) and a Schedule II drug according to the US Controlled Substances Act (or CSA, which is the second title of the Comprehensive Drug Abuse Prevention and Control Act of 1970) because of the high tendency for its addictive use. In very rare cases, however, cocaine has been administered to individuals for medical purposes.

For many young adults, cocaine is more known as a party drug, due to its tendency to keep them awake and active throughout the night. To professionals, it carries a reputation as “a rich man’s drug,” as those who usually use it are members of the middle and upper classes.

The punishment imposed on individuals involved in anything related to cocaine is harsh; it becomes even harsher if the amount of the illegal drug increases and still worse if there is a case of injury or death connected. Thousands of dollars plus imprisonment can be imposed on individuals in possession of small amounts of cocaine. Possession of more than 500 grams can result to 5 – 40 years behind bars; if traces of death or serious injury will lead to the crime, a $2 million-fine and a jail term of 20 years to life may await a convicted individual.

Any drug crime, but more especially one that is cocaine- related, is a major offense. On its website, the Law Offices of Mark T. Lassiter rightly says that drug crimes require a tough and experience criminal defense attorney, who knows what it takes to win a case. But not all criminal defense lawyers have the same extent of court experience, level of determination and dedication in defending clients. Entrusting a case to one who lacks the above factors may just cause a defendant his or her bright future; thus, it is absolutely necessary that an accused finds only the best lawyer for his or her defense.

Unfortunately, sometimes good people make mistakes. If you have been charged with a drug crime and are suffering the consequences, you might consider expunction. An expunction will help clear your criminal record. Contact an expunction attorney today for more information.

Motorcycle Accidents – Usually Due to Negligence of Other Drivers

Posted by on 12:04 pm in Automobile Accidents | 0 comments

If you’re living in a rural area, where vehicles are fewer, traffic is light and drivers seem to be more friendly and relaxed, riding your motorbike wherever you intend to go is much safer compared to the city. Despite driving along dirt roads, statistics show that there are far lesser motorcycle accidents in rural places than in suburban towns.

Motorcycles are fun to ride, besides the fact that it can take you faster to your destination. In cities, however, the safety of riders is often compromised due to traffic congestion and the fact that many motorists fail to recognize riders’ right of way. And whenever a rider figures in an accident, his/her injuries are most often severe due to the lack of protection, aside from the helmet, that ought to protect his/her body from impact.

Though it is true that many motorcycle accidents involve drunk riders, who drive straight to still objects, like a telephone pole or a concrete structure, there are more that occur due to multiple-vehicle collisions (motorcycle plus another motor vehicle), based on a research conducted by the National Highway Traffic Safety Administration (NHTSA).

In fact, from the average 3, 500 motorcycle accidents reported annually in the US, more than half are multiple-vehicle accidents, with impingement on motorcyclist’s right of way being the major cause. Collisions usually occur at intersections, where other motorists make a sudden turn, or along major roads, where some drivers make sudden lane changes, without first checking for possible approaching motorcycles. Thus, in the event of an accident, it is the rider who usually is the only one hurt, sustaining injuries that increase in severity based on the size of the other vehicle and the speed of both (motorcycle and the other vehicle).

Surprisingly, research also shows that majority of motorcycle accidents happen during short trips – to a convenient store or shopping mall or to a friend’s house – and quite immediately after leaving the place of origin. Also, many of those who get involved in accidents are those who tried to learn to ride personally or who were taught by kin or friends, never receiving formal training from any accredited riding school.

Being able to prove that the accident occurred due to the negligence or carelessness of the other motorist gives the rider the legal right to pursue justice and receive compensation from the liable party. The injury sustained in the accident, termed as personal injury, can cause the rider (victim) financial burden rising from medical treatment and possible loss of wages if the injury causes him/her to miss work for days.

Personal injury cases are complex and oftentimes stressful for the victim and his or her family; thus, seeking the services of a really knowledgeable, experienced and determined lawyer who will make sure that your rights are protected through the whole legal proceedings is essential. Having such a lawyer is necessary even when the liable party offers to settle out of court – to make sure that the victim is given the amount of compensation that he/she really deserves, considering present and future medical treatment and amount of wages lost.

Freight Factoring – A Boon for Trucking Firms

Posted by on 5:46 pm in Trucking Industry | 0 comments

For trucking firm owners, attending to matters that involve volumes of paperwork and documents required for business application/operation by both the federal and local (state) government licensing agencies and other regulating groups, is highly necessary; they also believe, however, that this consumes so much time, taking their minds away from running their business.

Another factor that greatly affects trucking operations is the delay in payments from brokers and shippers. Often, owners and operators allot 30-60 days waiting period for payment of freight bills – a possible threat to a trucking business’ cash flow, especially if the firm is new in the business arena.

In 2004 the Truckers Bookkeeping Service (TBS) was formed with the intent of providing easy, flexible cash flow solutions for trucking firms. This cash flow is coursed through freight bill factoring, a type of financing assistance for brokerages and freight carriers suffering from cash flow problems due to the slow or delayed payments from shippers and other clients. TBS knows how important cash is, especially for new and developing trucking firms. It is the source of overhead costs, payroll, improvements, taxes and other necessary expenses. Thus, by fueling cash flow, owners and operators can focus more on running business operations effectively.

Though factoring may be a perfect source of financial assistance, truckers should understand that the cash solutions it offers are not loans but (discounted) payments to the invoices or receivables truckers are willing to sell. Once a trucking firm sells its invoices, it can do whatever it wants with the cash payment received from TBS; meanwhile, TBS will be the one worrying and waiting for the slow and delayed payments from shippers and clients.

Truck factoring may be availed through two different programs, Recourse Factoring and Non-recourse Factoring. Recourse factoring involves an agreement, between the factor and the trucking firm, which states that the trucking company will have to buy back the invoices from the factor if such invoices still remain unpaid after a predetermined period, which could be between 60 and 120 days.

In Non-recourse factoring, all the risk (of non-payment by the client) will be placed on the factor that intends to buy the trucking firm’s invoices. Due to the risk faced by the factoring firm, however, the amount it will offer truckers for the invoices will be lower than what it would offer in the recourse agreement.

Defective Car or Car Part/s – A Manufacturer’s Negligence

Posted by on 5:41 pm in Automobile Accidents | 0 comments

The construction of bridges to connect one city to another and the continuous improvement of roads and highways have made travelling by car just more convenient than ever. Car manufacturers, not intending to be left behind by all the improvements going on in the transport system, have also embarked on the production of not only better looking cars, but cars that are equipped with the latest technological features that will help ensure road safety to significantly reduce the number of road accidents.

The greater challenge, however, rests on the government in advocating programs, enforcing road traffic laws and implementing manufacturing standards that will keep accidents to a minimum total annually. Thus, the National Highway Traffic Safety Administration (NHTSA), still alarmed with the more than 35,000 fatal car crashes every year, has embarked on a stricter campaign against reckless drivers, speedsters and, most especially, drunk drivers.

Any type of car accident is always a threat. It always results to property damage, (minor of severe) injuries or, worse, death. And, based on studies conducted by Insurance Institute for Highway Safety (IIHS) and the NHTSA, drivers who are most prone to accidents are those aged between 15 and 24.

Though majority of car crashes are due to driver’s fault, there are still occasions when the cause is beyond a driver’s control, such as defective car parts, to which a car manufacturer can be held totally liable. Any defect in a car can definitely lead to an accident. Thus, there have been instances when a manufacturer would even recall a certain car model, due to defective parts, even if such recall would prove to be too costly: life is definitely more valuable than property, anyway.

On its website, Habush Habush & Rottier S.C. ®, believes that, in the case of car defects, a manufacturer should employ means that will rectify the mistake committed, even if it means making a recall. The fact is, defective cars are results of negligence or carelessness, which may involve a failure to do something which is part of the manufacturing process, or doing/adding something that should not have been done/added.  Negligence requires the manufacturer to compensate anyone who may suffer from any harm that is a consequence of a defective car or car part.

In Spanish

Enfrentar problemas legales en un país donde no se habla el idioma puede llegar a ser aterrador. El ser un inmigrante en los Estados Unidos y enfrentar asuntos legales de cualquier tipo pueden llegar a desalentarte para luchar y hacer que tus derechos sean defendidos. Aun así, tus derechos tienen que ser escuchados, es por eso importante que busques la ayuda de un abogado que no solo sepa cómo defender y proteger tus derechos, sino que también sepa cómo comunicar tus derechos en una forma efectiva. Aquellos que estén buscando ayuda legal en español, aquí pueden encontrar algunos enlaces que reforzaran sus derechos y protegerán su estado como inmigrante o ciudadano Americano.